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This entry was published on 2018-04-27
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SECTION 1299-H
Deposit and disposition of revenue
Tax (TAX) CHAPTER 60, ARTICLE 29-C
§ 1299-H. Deposit and disposition of revenue. (a) Any surcharge,
interest, and penalties collected or received by the commissioner shall
be deposited daily with such responsible banks, banking houses or trust
companies, as may be designated by the comptroller, to the credit of the
comptroller in trust for the metropolitan transportation authority. An
account may be established in one or more of such depositories. Such
deposits will be kept separate and apart from all other money in the
possession of the comptroller. The comptroller shall require adequate
security from all such depositories. Of the total revenue collected or
received under this article, the comptroller shall retain such amount as
the commissioner may determine to be necessary for refunds under this
article. The commissioner is authorized and directed to deduct from the
amounts it receives under this article, before deposit into the trust
accounts designated by the comptroller, a reasonable amount necessary to
effectuate refunds of appropriations of the department to reimburse the
department for the costs incurred to administer, collect and distribute
the surcharge, interest, and penalties imposed by this article.

(b) On or before the twelfth day of each month, after reserving such
amount for such refunds and deducting such amounts for such costs, as
provided for in subdivision (a) of this section, the commissioner shall
certify to the comptroller the amount of revenues so received during the
prior month as a result of the surcharge, interest and penalties so
imposed. Notwithstanding any provision of law to the contrary, after
deducting the amounts specified in the previous sentence, the first
three hundred sixty-two million dollars collected or received in
calendar year two thousand nineteen, the first three hundred one million
dollars collected or received in calendar year two thousand twenty, and
the first three hundred million dollars collected or received in each
calendar year thereafter, shall be deposited by the comptroller, without
appropriation, pursuant to subdivision (c) of this section. The next
fifty million dollars collected or received in calendar year two
thousand nineteen, and in each year thereafter, in excess of funds
collected and deposited pursuant to subdivision (c) of this section,
shall be deposited by the comptroller, without appropriation, pursuant
to subdivision (d) of this section, provided, however, that any
uncommitted fund balance at the end of each calendar year through the
approval process of subdivision three of section twelve hundred
seventy-i of the public authorities law shall be transferred on the last
business day of the calendar year by the metropolitan transportation
authority from the outer borough transportation account to the general
transportation account of the New York city transportation assistance
fund created by section twelve hundred seventy-i of the public
authorities law. Any amounts collected or received, in any year, that
are in excess of the amounts deposited pursuant to subdivisions (c) and
(d) of this section, shall be deposited by the comptroller, without
appropriation, pursuant to subdivision (e) of this section.

(c) The amount of revenues so certified shall be paid over by the
fifteenth business day of each succeeding month from such account,
without appropriation, into the subway action plan account of the New
York city transportation assistance fund established pursuant to section
twelve hundred seventy-i of the public authorities law.

(d) The amount of revenues so certified that are in excess of the
amounts deposited as provided in subdivision (c) of this section, shall
be paid over by the fifteenth business day of each succeeding month from
such account, without appropriation, into the outer borough
transportation account of the New York city transportation assistance
fund established pursuant to section twelve hundred seventy-i of the
public authorities law.

(e) The amount of revenues so certified that are in excess of the
amounts deposited as provided in subdivisions (c) and (d) of this
section, shall be paid over by the fifteenth business day of each
succeeding month from such account, without appropriation, into the
general transportation account of the New York city transportation
assistance fund established pursuant to section twelve hundred seventy-i
of the public authorities law.

(f) Notwithstanding any provision of law to the contrary, any
surcharge imposed by this article that is paid in connection with
transportation provided to persons eligible for medical assistance who
are transported pursuant to section three hundred sixty-five-h of the
social services law shall be transferred on a quarterly basis from the
account specified in paragraph (a) of this section to the Medicaid
management information system escrow fund. The commissioner of health
shall collect the Medicaid transportation data necessary to determine an
amount to be transferred each quarter; provided that such amount shall
be reconciled in the subsequent quarter to reflect actual Medicaid
surcharge expenditures; and further provided that any difference between
the amount transferred and the reconciled amount shall be added to or
subtracted from the amount transferred in the following quarter.